Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

A view of a bus driving down a Madison, WI street with the capitol building in the background

Electric buses are passing a brutal cold-weather test in Wisconsin

Madison is proving electric buses can run through cold winters, providing a blueprint for zero-emissions transit in other frigid locales.
A view of downtown Lansing Michigan at dusk

Demystifying Deep Green's proposed data center near downtown Lansing, Michigan

A U.K.-based developer is pitching “a different kind of data center” in Michigan’s capital city — but residents remain skeptical.

Solar panels and wind turbines in a snowy landscape

China boosts profitable renewables as Trump clings to coal

While the Trump administration rolls back climate policies and revives coal, China is rapidly expanding wind, solar and electric vehicle production, cementing its dominance in clean energy industries.

A sea bird on the beach at sunset on the Baltic Sea

Baltic Sea ‘struggling with recovery’ and it's not just because of climate change

The Baltic Sea has been under excruciating pressure for decades, as human activities have transformed it into one of the world’s largest “dead zones”.

A pile of multicolored plastic bottle caps

Big Oil's not-so-secret weapon for world domination? Plastic

Plastic Inc. author Beth Gardiner on how plastics became central to fossil-fuel profits—and how new laws could cut the flow at the source.
Curling match at Cortina Winter Olympics 2026 with athletes sliding stones on ice and fans in stands behind.

The Great Olympic lie: untold story of Winter Games’ huge environmental impact

Rivers drained dry to create artificial snow, a forest cut down for the bobsleigh track – IOC’s claims to prioritise sustainability at Milano Cortina exposed.

A snowy landscape with two smokestacks emitting pollution in the background
Credit: Andrew/Unsplash+

US Environmental Protection Agency repeals Biden-era coal rules aimed at limiting brain-harming pollution

The EPA repealed Biden-era regulations that forced power plants to cut harmful pollutants including brain-damaging mercury and particulate matter.

From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.